The Malaysian Insider The move to reform the judiciary gathered significant pace today with one of Malaysia’s most respected voices calling for a judicial renaissance.
Raja Nazrin Shah said that in the last two decades, judicial independence and integrity have been eroded. The result: lack of confidence in the judicial system and the complete disregard for the law by some quarters. “These are dark stains on our honour and reputation and they have the potential to weaken if not destroy the nation. Malaysia needs nothing short of what I call a judicial renaissance," he said, delivering the address at the Malaysian Judges Conference. Since Election 2008, the Abdullah administration has been talking about reforming the judiciary, especially the manner in which judges are selected and elevated. The Regent of Perak said that the present climate gave the country an excellent opportunity to press on with much needed changes for the judiciary and listed down 6 features of a judicial renaissance. Feature 1 The judiciary must be restored to the position that it had in the Constitution from the time of Merdeka until 20 years ago – in 1988 the Lord President and two Federal Court judges were sacked by a tribunal set up by the Mahathir administration. “Until judicial power is reinvested in the judiciary – in much the same way that executive power is invested in the Yang DiPertuan Agong and Cabinet and the legislative power in Parliament – it will be difficult to convince anyone, not our citizens and the world community that we are nation governed by the rule of law. Judicial review of administrative practices is an essential aspect of being a nation of laws. “The courts have unfettered powers to interpret the Constitution , to construe laws and to declare any law or administrative action that is inconsistent with the Constitution to be void, ‘’ he said. Feature 2 Only men and women of the highest integrity and intellect are elevated. He noted that the appointment of Tan Sri Malek Ahmad as the President of the Court of Appeal in 2004 was a step in the right direction. Feature 3 The way judges are selected and promoted should be reviewed. He said that there is merit in the setting up of a Judicial Commission that will make recommendations to the PM, who in turn consults the Conference of Rulers. Feature 4 The highest court in the land should take a less restrictive approach in reviewing decisions that involve a miscarriage of justice. “There is no denying that some decisions of the apex court in recent years have caused great concern to the legal profession, businesses and the public at large. We should not allow these decisions to remain in our annals," he said. Raja Nazrin said that in a judicial renaissance the proper balance between finality and justice must be maintained by the judges. Feature 5 Must introduce mechanisms to help judges keep abreast of global challenges in specialised areas such as Internet and information technology and maritime and arbitration. Feature 6 Should consider setting up a commercial court with specially-trained judges. He noted that the civil and commercial court at the Dubai International Financial Centre has been in operation since 2004. Among its judges is Tan Sri Siti Norma. Raja Nazrin told the judges that the rule of law, the independence of the judiciary and the separation of powers are features of the system that must be upheld. “We cannot be faulted for not having a perfect legal system for no country can make that claim. We can, however, be faulted for want of trying. The judicial renaissance that is emerging must therefore not be allowed to roll back. “There will be ever present temptation to undertake just incremental and cosmetic modifications. We need to recognise that these are not sufficient for the judicial revitalisation and renewal that this country needs and deserves," he said. Concluding his speech, he noted that if the judiciary is filled with people of the highest calibre, there is nothing to fear. “We must never fear truth, knowledge and wisdom. We should always fear the opposities."
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From "the Bench (the rule of Law)" to "the footstool (the rule of kissing the feet)" to "the Bench (the rule of Law)" again!